High Court recalls witness constable in Mumbai sex worker murder case

The Bombay High Court has allowed the recall of a police constable for further questioning in a 2019 murder case involving the killing of a sex worker in Mumbai’s Nagpada area.

The High Court directed the trial court to give the accused, Jitendra Singh Ranjit Singh, a fair opportunity to cross-examine Head Constable Rahul Dhole, the witness who played a crucial role in the initial investigation.

The case dates back to October 13, 2019, when Singh, 28, allegedly stabbed a 30-year-old sex worker to death on Kamathipura’s 12th Lane after a dispute over Rs 100.

Singh had paid her Rs 500 for the services and demanded Rs 100 back as they had agreed to Rs 400. When she refused to return the excess amount, he allegedly attacked her with a knife he was carrying. A bystander, Mohamad Shahbaz Hanif Merchant, who tried to intervene after hearing locals shout "pakdo-pakdo", was also injured.

Singh, a catering worker from Naigaon in Vasai, is currently under trial. The prosecution has already examined 17 witnesses in the case. However, Singh’s current legal team filed a petition seeking to recall three witnesses, including Merchant and Constable Dhole, claiming that the earlier defence lawyer had failed to carry out an effective cross-examination.

The trial court rejected the request, stating that sufficient opportunity had been provided and that the mere change of defence lawyer does not justify recalling witnesses.

Challenging this in the High Court, advocates Mohammad Shayan Usmani and Sakshi Baadkar argued that the previous cross-examination was superficial and lacked material questions, resulting in a weak defence. They insisted that Dhole’s testimony was central, as he was the officer who apprehended Singh and recovered the weapon used in the crime.

Justice SM Modak, while rejecting the request to recall Merchant, agreed that Dhole had not been adequately questioned. "I find cross-examination is only in the form of putting suggestions. I do not think that Dhole is sufficiently cross-examined in order to test his veracity," said the judge.

The bench, however, clarified that Dhole cannot be questioned based on statements made by witnesses who were examined after him. "This is not permissible because the witness who is already examined cannot be confronted on the basis of the answers given by the witness examined subsequently," the judge added.

Stressing the seriousness of the crime and Singh’s status as an undertrial, the High Court ruled in favour of recalling Dhole for limited cross-examination.
"The accused should be given an opportunity to challenge the testimony of witnesses and if there is a prayer for re-calling the witnesses, the court has to consider it magnanimously," Justice Modak noted.

The trial court has now been directed to summon Dhole again, with cross-examination strictly limited to the scope of his original testimony.

- Ends